RESOLUTION NO. ___________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
AUTHORIZING ENOVITY INC., A VEOLIA COMPANY AND THE
CITY MANAGER OF THE CITY OF ARVIN, TO COMPLETE AND
SUBMIT ALL NECESSARY DOCUMENTS AND AN APPLICATION
FOR A CALIFORINA ENERGY COMMISSION (CEC) ENERGY
CONSERVATION ASSISTANCE ACT (ECCA) LOAN AND FINDING
THE ACTIVITY FUNDED BY SUCH LOAN TO BE EXEMPT FROM
THE CALIFORINA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the California Energy Commission provides loans to schools, hospitals, local governments, special districts, and public care institutions to finance energy efficiency improvements;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Arvin:
1) Authorizes Enovity, Inc. a Veolia Company, to apply for an energy efficiency loan from the California Energy Commission to implement energy efficiency measures; and
2) That in compliance with the California Environmental Quality Act (CEQA), the City Council of the City of Arvin finds that the activity funded by the loan is a project that is categorically exempt under 15301 and 15304 because the solar sites proposed are part of an existing facility and/or minor alterations to land; and 3) That if recommended for funding by the California Energy Commission, the City Council of the City of Arvin authorizes the City Manager, to accept a loan up to three million dollars and zero cents ($3,000,000.00) and to execute all documents necessary or required to obtain such loan; and
4) That the amount of the loan will be paid in full, plus interest, under the terms and conditions of the Loan Agreement, Promissory Note and Tax Certificate of the California Energy Commission; and
5) That the City Manager, Jeff Jones is hereby authorized and empowered to execute in the name of City of Arvin all necessary documents to implement and carry out the purpose of this resolution, and to undertake all actions necessary to undertake and complete the energy efficiency projects.
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6.C.7
Attachment: Att3 Resolution CEC ECAA LOAN APPLICATION (Funding Options for Solar Renewable Energy System at Arvin WWTP) Reso Auth Enovity Inc. / Veolia to submit Application for CEC Energy Conservation Assistance Act Loan.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 25 th day of April 2023 by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
6.C.7
Attachment: Att3 Resolution CEC ECAA LOAN APPLICATION (Funding Options for Solar Renewable Energy System at Arvin WWTP) Energy Conservation
Assistance Act (Revised 10/4/16) Attachment 4
1 ATTACHMENT 4
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) INFORMATION CEQA determination is required before a loan can be executed.
CEQA requires state and local agencies (public agencies) to identify the significant environmental impacts of their actions and to avoid or mitigate them, if feasible. For an explanation of the CEQA process, please visit:
http://resources.ca.gov/ceqa/more/faq.html
Applications selected for loan funding may meet the definition of a “project” for purposes of CEQA. (See Public Resources Code section 21000 et seq.) If you determine that the action in question is a project, the next step is to see if CEQA considers it to be exempt.
If the project is exempt, the applicant will file a Notice of Exemption at the Governor’s Office of Planning and Research Exemptions are listed in:
Title 14 Code of California Regulations sections 15260 – 15285 (statutory exemptions) Title 14 Code of California Regulations sections 15300 – 15333 (categorical exemptions)
(See reference below to the entire CEQA statute and Guidelines, where the text of the exemptions can be reviewed).
Even if it appears that an exemption may apply, there may also be exceptions to that exemption. Therefore, you need to read the exemption and any exceptions carefully.
If no exemption applies, then the project will require the preparation of an environmental review document. Frequently, determining the proper type of an environmental review document will require the preparation of an initial study, that will then indicate whether the project will require a negative declaration/mitigated negative declaration certain CEQA requirements (such as preparation of an initial study, a negative declaration, or an environmental impact report must be met.
Sample forms can be found on the Governor’s Office of Planning and Research website:
• Notice of Exemption form:
http://opr.ca.gov/docs/NOE.pdf
• Other forms and publications:
http://opr.ca.gov/s_publications.php#pubs-C
The entire CEQA statute and Guidelines can be found at:
http://www.califaep.org/index.php?option=com_content&view=article&id=111&Itemid=198
6.C.8
Attachment: Att4 CEQA Information (Funding Options for Solar Renewable Energy System at Arvin WWTP)
Staff Report - PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance.
CITY OF ARVIN
Staff Report
Meeting Date: April 25, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of A Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
BACKGROUND:
The City Wastewater Treatment Facility (WWTF) is in receipt of a Tentative Cease and Desist Order and Connection Restriction RS-2023-XXXX (tentative CDO) from the Central Valley Regional Water Quality Control Board (RWQCB). The tentative CDO alleges that the City has violated Waste Discharge Requirements (WDRs) Order No. 5-00-093.
Carollo Engineers, Inc. (Carollo) provided the City of Arvin (City) with the attached proposal for for funding and permitting assistance. Carollo will support the City through adoption of the CDO and with the preparation of the CDO-required Report of Waste Discharge (ROWD). The scope of work also provides support to assist the City with development of a planning grant application package.
The ROWD technical report will include a time schedule for completing necessary repairs and improvements to Pond 3 by no later than two years from the date of adoption of the CDO. The technical report will include detailed design plans, an engineering analysis of existing effluent flows, current WWTF storage and disposal capacities, a determination of how much land application area (LAA) acreage is needed to comply with the WWTF's existing and currently permitted flows, and a time schedule not to exceed two years to obtain the necessary LAA acreage to ensure compliance with the existing WDRs. The technical report will also describe the City's progress towards securing funding necessary to complete the Pond 3 repairs and improvements and an anticipated date for receiving the funding.
A ROWD technical report will also provide for treatment and disposal of wastes in the longterm. The technical report will include a description of the proposed treatment system to be used, proposed disinfection system (if applicable), and a detailed time schedule for completing tasks associated with the planning, design, and construction phases for upgrading the WWTF. The technical report will also describe plans for securing funding necessary for completing the upgrades.
The scope of work also provides funding support for the development of a Planning Grant application for the City under the State Water Resources Control Board (SWRCB) Clean Water State Revolving Fund (CWSRF) Small Community Program for a project to bring the WWTF back into compliance with the WDRs.
6.D.1
Attachment: Staff Report PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance_042523 (PSA with Carollo Engineers, Inc. for
Staff Report - PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance.
STAFF RECOMMENDATION:
Staff recommends approval of the Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
FINANCIAL IMPACT:
Not to exceed $137,400
ATTACHMENTS:
- Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
- Proposal from Carollo Engineers, Inc dated April 10, 2023.
6.D.1
Attachment: Staff Report PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance_042523 (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
AGREEMENT NO. __________
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR FUNDING AND PERMITTING ASSISTANCE
BETWEEN
CITY OF ARVIN, CALIFORNIA,
AND
CAROLLO ENGINEERS, INC.
THIS AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the CITY OF ARVIN (the "City") and Carollo Engineers, Inc. (“Consultant”).
RECITALS
The City requires outside assistance to provide the following services: Engineering services for funding and permitting assistance.
WHEREAS, Consultant represents itself as possessing the necessary skills and qualifications to provide the services required by the City and as being duly qualified to perform those services in accordance with the standard of quality ordinarily expected of competent professionals in Consultant’s field of expertise;
WHEREAS, Consultant will render such professional services, as hereinafter defined, on the following terms and conditions;
NOW THEREFORE, in consideration of these recitals, and the mutual covenants contained herein, the City and Consultant agree as follows:
AGREEMENT
1. TERM OF AGREEMENT.
1.1. This Agreement shall be effective on and from the day, month and year of the execution of this document by the City.
1.2. Consultant shall commence the performance of the services in accordance with the Scope of Work section provided in Attachment A to this Agreement and shall continue such services until all tasks to be performed are completed, or this Agreement is otherwise terminated. Consultant shall complete the services and provide final data, reports, and deliverables as described in Attachment A no later than December 31, 2023, unless an extension of time is mutually agreed to by both parties in writing.
2. CONSULTANT'S OBLIGATIONS- SCOPE OF WORK (ATTACHMENT A).
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
2.1. Consultant shall provide the City with the following services: The specific manner in which the services are to be performed is described in Attachment A which is attached hereto and incorporated herein as though fully set forth at length, collectively hereinafter referred to as “Described Services.”
2.2. Consultant shall perform all work required to accomplish the Described Services in conformity with applicable requirements of Federal, State and Local law.
2.3. Consultant is hired to render the Described Services and any payments made to Consultant are compensation fully for such services.
2.4. Consultant shall maintain professional certifications as required to properly comply with all City, State, and Federal law.
2.5. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. If the City, in good faith, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.
2.6. If a license or certification of any kind is required of Consultant, its employees, agents, or subcontractors by federal, state or law and regulation, Consultant warrants that such license has been obtained, is valid and in good standing, and shall keep in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
2.7. Consultant shall provide the City with timely written reports of all significant developments or delays arising during performance of its services.
3. PAYMENT FOR SERVICES (ATTACHMENT A).
3.1. Payment to Consultant to perform its Scope of Work is set forth in Attachment A, attached hereto and incorporated herein. The payments provided in this Section are full compensation for the Scope of Work as described in Attachment A.
3.2. Consultant shall submit monthly bills to the City, describing its services and costs provided during the previous month, based upon percentage of task completed. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant's monthly bills shall include the following information to which such services or costs pertain:
- a description of services performed;
- the date the services were performed;
- the number of hours spent and by whom;
- a description of all costs incurred, and the Consultant's signature.
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
Consultant agrees to use every appropriate method to contain fees and costs under this Agreement. Once invoice is submitted and approved by the City, City payment will be made within 30 days of approval.
3.3. The amount set forth in Attachment A may be modified or amended only by a written document executed by both Consultant and authorized City representative prior to the performance of the additional work. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.
4. SUBCONTRACTING.
4.1. Consultant will not subcontract any portion of its Scope of Work without prior written approval of City. If Consultant subcontracts for any of the work to be performed under this Agreement, Consultant shall be as fully responsible to the City for the acts and omissions of Consultant’s subcontractors/subconsultants and for the persons either directly or indirectly employed by the subcontractors/subconsultants, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor/subconsultant of Consultant and the City. Consultant will be responsible for payment of subcontractors/subconsultants. Consultant shall bind every subcontractor/subconsultant to the terms of the Agreement applicable to Consultant’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the City. Consultant agrees that the City is an intended third-party beneficiary of any services agreement entered into between Consultant and any subcontractor or subconsultant.
5. PROJECT SCHEDULE AND COMPLETION DATE (ATTACHMENT A).
5.1. Attachment A is the project schedule that Consultant shall strictly meet, including benchmark dates and completion date, which is attached hereto and incorporated herein.
Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with the schedule specified herein. In the performance of this Agreement, time is of the essence.
5.2. Consultant shall promptly notify the City of any anticipated or unforeseen delays to the project schedule. Extensions to the project schedule and to this Agreement shall not be made without the prior written approval of the City. All requests for extensions to the project schedule shall be by written request only and submitted to the City prior to the commencement of such work.
5.3. Consultant is not responsible for damage or delay in performance caused by events beyond the reasonable control of Consultant. In the event Consultant's services are suspended, delayed or interrupted for the convenience of the City or delays occur beyond the reasonable control of Consultant, an equitable adjustment in Consultant's time of performance and cost of Consultant's personnel and subcontractors may be made.
6. CHANGES IN WORK AND EXTRA WORK. Consultant shall not change the scope or duration of work or perform work in excess of the Scope of Work without the prior, written
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
approval of the City by an executed Change Order, describing in detail the revision to Scope of Work, revisions in payment and/or time, fully executed by both parties. Failure to obtain a Change Order prior to the commencement of any revision waives Consultant’s right to payment for such additional services.
7. RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY CITY. City designates Jeff Jones, its City Manager, to represent the City in all matters within the scope of this Agreement relating to the conduct and approval of the work to be performed. Whenever the term “approval of City,” “consult with City,” “confer with City,” or similar terms are used, they shall refer to the City Manager. The City Manager may designate an assistant to act in his/her stead.
The CITY shall furnish upon request, without charge, all standard plans and specifications and any other information which the City now has in its files that may be of use to the Consultant.
Consultant shall be entitled to use and reasonably rely upon all such information provided by the City or others in performing Consultant's services under this Agreement.
8. VERBAL AGREEMENT OR CONVERSATION. No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle Consultant to any additional payment whatsoever.
9. TERMINATION OF AGREEMENT.
9.1. Termination for Convenience. City may terminate this Agreement for City’s convenience at any time by providing Consultant thirty days written notice. Upon receipt of the notice of termination, Consultant shall immediately take action not to incur any additional obligations, costs or expenses, except as may be necessary to terminate its activities. City shall pay Consultant its reasonable and allowable costs through the effective date of termination and those reasonable and necessary costs incurred by Consultant to effect the termination. Thereafter, Consultant shall have no further claims against City under this Agreement. All finished and unfinished documents and materials procured for or produced under this Agreement, including all intellectual property rights City is entitled to, shall become City property upon the date of the termination. Consultant agrees to execute any documents necessary for City to perfect, memorialize, or record City’s ownership of rights provided herein.
9.2. Termination for Breach of Agreement.
9.2.1. If Consultant fails to perform any of the provisions of this Agreement or so fails to make progress as to endanger timely performance of this Agreement, City may give Consultant written notice of the default. City’s default notice will indicate whether the default may be cured and the time period to cure the default to the sole satisfaction of City. Additionally, City’s default notice may offer Consultant an opportunity to provide City with a plan to cure the default, which shall be submitted to City within the time period allowed by City. At City’s sole discretion, City may accept or reject Consultant’s plan. If the default cannot be cured or if Consultant fails to cure within
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
the period allowed by City, then City may terminate this Agreement due to Consultant’s breach of this Agreement.
9.2.2. If the default under this Agreement is due to Consultant’s failure to maintain the insurance required under this Agreement, Consultant shall immediately: (1) suspend performance of any services under this Agreement for which insurance was required; and (2) notify its employees and Subconsultants of the loss of insurance coverage and Consultant’s obligation to suspend performance of services. Consultant shall not recommence performance until Consultant is fully insured and in compliance with City’s requirements.
9.2.3. If a federal or state proceeding for relief of debtors is undertaken by or against Consultant, or if Consultant makes an assignment for the benefit of creditors, then City may immediately terminate this Agreement.
9.2.4. If Consultant engages in any dishonest conduct related to the performance or administration of this Agreement or violates City’s laws, regulations or policies relating to lobbying, then City may immediately terminate this Agreement.
9.2.5. Acts of Moral Turpitude
a. Consultant shall immediately notify City if Consultant or any Key Person, as defined below, is charged with, indicted for, convicted of, pleads nolo contendere to, or forfeits bail or fails to appear in court for a hearing related to, any act which constitutes an offense involving moral turpitude under federal, state, or local laws (“Act of Moral Turpitude”). b. If Consultant or a Key Person is convicted of, pleads nolo contendere to, or forfeits bail or fails to appear in court for a hearing related to, an Act of Moral Turpitude, City may immediately terminate this Agreement. c. If Consultant or a Key Person is charged with or indicted for an Act of Moral Turpitude, City may terminate this Agreement after providing Consultant an opportunity to present evidence of Consultant’s ability to perform under the terms of this Agreement.
d. Acts of Moral Turpitude include, but are not limited to: violent felonies as defined by Penal Code Section 667.5, crimes involving weapons, crimes resulting in serious bodily injury or death, serious felonies as defined by Penal Code Section 1192.7, and those crimes referenced in the Penal Code and articulated in California Public Resources Code Section 5164(a)(2); in addition to and including acts of murder, rape, sexual assault, robbery, kidnapping, human trafficking, pimping, voluntary manslaughter, aggravated assault, assault on a peace officer, mayhem, fraud, domestic abuse, elderly abuse, and child abuse, regardless of whether such acts are punishable by felony or misdemeanor conviction.
e. For the purposes of this provision, a Key Person is a principal, officer, or employee assigned to this Agreement, or owner (directly or indirectly, through one or more intermediaries) of ten percent or more of the voting power or equity interests of Consultant.
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
9.2.6. In the event City terminates this Agreement as provided in this section, City may procure, upon such terms and in the manner as City may deem appropriate, services similar in scope and level of effort to those so terminated, and Consultant shall be liable to City for all of its costs and damages, including, but not limited to, any excess costs for such services.
9.2.7. If, after notice of termination of this Agreement under the provisions of this section, it is determined for any reason that Consultant was not in default under the provisions of this section, or that the default was excusable under the terms of this Agreement, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Article 8 Termination for Convenience.
9.2.8. The rights and remedies of City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
9.3. In the event that this Agreement is terminated, Consultant shall immediately notify all employees and Subconsultants, and shall notify in writing all other parties contracted with under the terms of this Agreement within five (5) working days of the termination.
10. COVENANTS AGAINST CONTINGENT FEES. Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement without liability or, at the City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
11. OWNERSHIP OF DOCUMENTS.
11.1. All computer data, computer drawing files, plans, studies, sketches, drawings, reports, specifications, and all work product produced by Consultant under this Agreement are the property of the City, whether or not the City completes the Scope of Work or proceeds with the project for which such documents are prepared.
11.2. This Agreement creates a nonexclusive and perpetual right or license for City to copy, use, modify, reuse, and sublicense any and all copyrights, designs, and other intellectual property embodied in the writings prepared by Consultant, and Consultant subcontractors, under this Agreement. In the event the City should ever desire to undertake a project or review other proposed projects based upon the documents, the Consultant agrees that the City shall have the right to reuse all or any portion of the documents at no additional compensation to the Consultant.
12. INDEPENDENT CONTRACTOR.
12.1. The Consultant shall perform the services provided for herein in a manner of Consultant's own choice, as an independent contractor and in pursuit of Consultant's
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the Project.
12.2. If the Consultant subcontracts any of the work to be performed under this Agreement pursuant to the terms of this Agreement, Consultant shall be as fully responsible to the City or the acts and omissions of the Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontract by the terms of the Agreement applicable to Consultant's work, including indemnity and insurance requirements.
13. HOLD HARMLESS AND INDEMNIFICATION.
13.1. Indemnification - It is understood and agreed that Consultant has the professional skills, experience, and knowledge necessary to perform the work agreed to be performed under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant's work in a skillful and professional manner, and Consultant thus agrees to so perform the work.
13.2. Acceptance by City of the work performed under this Agreement does not operate as a release of said Consultant from such professional responsibility for the work performed. It is further understood and agreed that Consultant is apprised of the scope of the work to be performed under this Agreement and Consultant agrees that said work can and shall be performed in a fully competent manner.
13.3. Consistent with California Civil Code section 2782.8, when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, immediately defend, and hold harmless City, and its officers, employees, agents, and volunteers, from and against all claims, demands, damages, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees) arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, subcontractors, subconsultants or agents during the performance this Agreement, or from any violation of any federal, state, or municipal law or ordinance to the extent caused, in whole or in part, by the negligence, reckless, or willful misconduct of Consultant or its employees, subcontractors, or agents, or by the quality or character of Consultant’s work, excepting only liability arising from the sole negligence, sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.
13.4. Other than in the performance of professional services by a design professional, which law shall be solely as addressed in subparagraph 12.3 above, and to the fullest extent
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City, and its officers, employees, agents, and volunteers, from and against any claims, demands, damages, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees) arising out of the performance of this Agreement by Consultant, its officers, employees, agents, subcontractors and subconsultants, excepting only that resulting from the sole negligence, sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.
13.5. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
13.6. Consultant shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental, liquidated, or consequential damages to the City or any third party.
Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s subconsultants, that impact project completion and/or success.
14. ASSIGNMENT OF AGREEMENT. Consultant is without right to and shall not assign this Agreement or any part thereof or any monies due hereunder without the prior written consent of the City.
15. INSURANCE.
15.1. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement (including all extensions provided), and provide proof thereof that is acceptable to the City the insurance specified in subsections (A) through (F) below with insurers and under forms of insurance satisfactory in all respects to the City.
Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. The Certificate of Insurance shall clearly identify the project name and number in the space labeled “Description of Operations/Locations/Special Items” on the form.
A. Commercial General and Automobile Liability. Consultant, at Consultant's own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($1,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 and Insurance Services Office Automobile Liability form CA 0001 Code 1 (any auto).
Each of the following shall be included in the insurance coverage or added as an additional insured endorsement to the policy: City, its officers, employees, agents, and volunteers are to be covered as insured’s as respects each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. In the event that Consultant purchases automobiles during the term of this Agreement, said automobiles shall be likewise covered. The coverage shall contain no special
An endorsement must state that coverage is primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under the coverage.
Insurance is to be placed with California-admitted insurers with a Best's rating of no less than A:VII.
B. Professional Liability. Consultant shall obtain, and during the term of this Agreement shall maintain, a policy of professional liability insurance that shall:
i. Be from an insurance company authorized to be in business in the State of California;
ii. Be in an insurable amount of not less than $1,000,000 for each occurrence; and
iii. Provide that the policy shall remain in full force during the full term of this Agreement and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to the City from the insurance company.
C. Workers' Compensation. Statutory Workers' Compensation Insurance and Employer's Liability insurance for any and all persons employed directly or indirectly by Consultant shall be provided with limits not less than one million
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
dollars. In the alternative, Consultant may rely on a self-insurance program to meet these requirements so long as the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City for loss arising from work performed under this Agreement.
D. Deductibles and Self-Insured Retentions. During the period covered by this Agreement, upon express written authorization of City Risk Manager, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The City may condition approval of an increase in deductible or self-insured retention levels upon a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
E. Notice of Reduction in Coverage. In the event that any coverage required under subsections (A), (B), or (C) of this section of the Agreement is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five day after Consultant is notified of the change in coverage.
F. Other Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
i. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ii. Order Consultant to stop work under this Agreement or withhold any payment which becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof;
iii. Terminate this Agreement.
iv. Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for Consultant's failure to maintain insurance or secure appropriate endorsements.
16. DISPUTES.
16.1. If a dispute should arise regarding the performance of this Agreement, the following initial dispute resolution procedures shall be used:
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
A. Within twenty (20) City working days after a dispute regarding the performance of this Agreement arises, it shall be reduced to writing at staff level by the complaining party setting forth the nature of the dispute in detail, along with all pertinent back up documentation in support. The writing shall be delivered to the receiving party by first class mail or personal delivery directly to the party’s project manager, along with recommended methods of resolution.
B. The party receiving the letter shall reply to the letter with a detailed response, along with a recommended method of resolution, if any, within ten (10) City working days of receipt of the letter.
16.2. If the dispute is not resolved at staff level in accordance with Section 15.1, within five (5) City working days of the receiving party response (or longer if agreed between the parties), the aggrieved party, through its respective project manager shall deliver to the General Manager’s office a letter outlining the dispute for the General Manager’s review.
The receiving party may submit further response, if required, to the General Manager within five (5) City working days thereafter. The General Manager, at his/her sole discretion may respond as he/she deems appropriate, including recommendations for resolution, discussions or rejection of the dispute within fifteen (15) working days of receipt of the complaint.
16.3. If the dispute remains unresolved and the parties have exhausted the procedures outlined in this section, the parties may then seek remedies available to them under this Agreement and at law, including, but not limited to, under the termination procedures.
This provision does not relieve Consultant of its obligation and Consultant is required to timely comply with all applicable provisions of the Government Claims Act before initiating any legal proceeding against City.
17. CONFLICT OF INTEREST. Consultant warrants and covenants that it presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law, including, but not limited to, Government Code section 1090. If any principal provider of services is a "consultant" for the purposes of the Fair Political Practices Act (Gov. Code § 81000 et seq.), each such person shall comply with Form 721 Statement of Economic Interests filing requirements in accordance with state or City local Conflict of Interest Code. In addition, if any other conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement.
18. CONSULTANT’S BOOKS AND RECORDS.
18.1. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant.
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
18.2. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
18.3. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City General Counsel, City Auditor, General Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
18.4. City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in the General Manager's office. Access to such records and documents shall be granted to any party authorized by Consultant’s representatives, or Consultant’s successor in interest.
19. WRITTEN NOTIFICATION. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first-class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Arvin
Attn: City Manager
200 Campus Drive
Arvin, CA 93203
If to Consultant: Carollo Engineers, Inc.
Attn: Ryan Sellman
1401 Fulton Street, Suite 802
Fresno, CA 93721
Any party may change any of the foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein.
20. GENERAL PROVISIONS.
20.1. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
20.2. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
20.3. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Kern.
20.4. Time is of the essence with regard to each covenant, condition and provision of this Agreement.
20.5. This Agreement constitutes the entire agreement between the parties with regard to the subject matter herein and supersedes any prior oral and written agreements and understandings between the parties with respect thereto.
20.6. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.
20.7. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and actual costs.
20.8. This Agreement may be executed in counterparts. A facsimile or electronic copy of this Agreement shall be as effective as the original for all purposes.
20.9. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns. Notwithstanding the foregoing, Consultant shall not assign this Agreement or any part thereof to any other entity or individual.
20.10. City and Consultant each acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.
20.11. All references to a statute or ordinance, shall incorporate any, or all, successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to the Developer under this Agreement.
20.12. The services to be performed by Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant's performance of its services hereunder, and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
to a third party as a result of this Agreement or the performance of Consultant's services hereunder.
21. CONSULTANT'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Agreement.
22. ACCESS AND ACCOMMODATIONS
22.1. Consultant shall comply with the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C.
Section 701 et seq., the Fair Housing Act, and its implementing regulations and any subsequent amendments, and California Government Code Section 11135;
22.2. Consultant shall not discriminate on the basis of disability or on the basis of a person’s relationship to, or association with, a person who has a disability;
22.3. Consultant shall provide reasonable accommodation upon request to ensure equal access to CITY-funded programs, services and activities;
22.4. Construction, if any, will be performed in accordance with the Uniform Federal Accessibility Standards (UFAS), 24 C.F.R. Part 40; and
22.5. The buildings and facilities used to provide services under this Agreement are in compliance with the federal and state standards for accessibility as set forth in the 2010 ADA Standards, California Title 24, Chapter 11, or other applicable federal and state law.
Consultant understands that City is relying upon these certifications and representations as a condition to funding this Agreement. Any subcontract entered into by Consultant for work to be performed under this Agreement must include an identical provision. [Signature Page Follows]
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement on the day and year written below.
“CITY” “CONSULTANT”
CITY OF ARVIN,
a municipal corporation
By: __________________________
Jeff Jones, City Manager
Dated: _______________, 202__
ATTEST:
Cecilia Vela, City Clerk
CAROLLO ENGINEERS, INC.
a Delaware corporation
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 202__
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 202__
APPROVED AS TO FORM:
____________________________
Nathan M. Hodges, City Attorney
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
ATTACHMENT A
Scope of Work and
Payment for Services, Project Budget, Project Schedule and Timeline Project Approach & Scope of Work: Refer to attached Proposal to Provide Engineering Services for Funding and Permitting Assistsance from Carollo Engineers, Inc. dated April 10, 2023.
Should the proposed Cease and Desist Order not issue, the scope of work and payment for services, project budget, project schedule, and timeline shall be modified accordingly.
Timeline and Fee Proposal: Refer to attached Proposal to Provide Engineering Services for Funding and Permitting Assistsance from Carollo Engineers, Inc. dated April 10, 2023.
Once an invoice is submitted and approved by the City, City payment will be made within 30 days of approval. The payment provided is full compensation for the funding and permit assistance services as mentioned in Attachment A. Carollo Engineers, Inc. shall bill every 30 days. The City shall pay each invoice within 30 days of approval of the invoice until project completion and close-out.
6.D.2
Attachment: PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523 [Revision 1] (PSA with Carollo Engineers, Inc. for 1401 Fulton Street, Suite 802
Fresno, California 93721
P. 559-436-6616 / F. 559-436-1191
carollo.com
30086 AV001 / Arvin Funding and Permitting Assistance.docx April 10, 2023
Mr. Jeff Jones
City Manager
City of Arvin
200 Campus Drive
Arvin, CA 93203
Subject: Proposal to Provide Professional Engineering Services for Funding and Permitting Assistance Dear Jeff:
Carollo Engineers, Inc. (Carollo) is pleased to provide the City of Arvin (City) with this scope of services for funding and permitting assistance. The City Wastewater Treatment Facility (WWTF) is in receipt of a Tentative Cease and Desist Order and Connection Restriction R5-2023-XXXX (tentative CDO) from the Central Valley Regional Water Quality Control Board (RWQCB). The tentative CDO alleges that the City has violated Waste Discharge Requirements (WDRs) Order No. 5-00-093. We have prepared this proposal to support the City through adoption of the CDO and with the preparation of the CDO-required Report of Waste Discharge. This scope of work also provides support to assist the City with development of a planning grant application package.
Scope of Work
Carollo’s scope of services, time of completion and compensation shall be as set forth herein.
Task 1 – Project Management and Meetings
Task 1.1 Project Management
Carollo’s Project Manager will manage project budget, prepare monthly progress reports, and coordinate with City staff. This task assumes a project duration of eight (8) months.
Task 1.2 Meetings
Carollo will participate in project, staff, and/or RWQCB meetings, as desired by the City. For budgeting purposes, it is assumed that Carollo will attend six (6) teleconference meetings over the duration of the project, requiring two (2) hours of three (3) team members’ time (each) per meeting.
Task 1 Deliverables:
Monthly invoicing/progress reports.
Meeting notes.
Task 2 – Assistance with Cease and Desist Order Adoption Task 2.1 Background Review and RWQCB Board Meeting Preparation This task includes reviewing background information and assisting the City with preparations for the RWQCB Board Meeting on April 28, 2023. This Scope of Services assigns 40 hours of Carollo’s time. An amendment will be prepared if additional effort is needed for this task.
6.D.3
Attachment: Attachment A - Proposal from Carollo Engineers, Inc._Funding and Permit Assistance_042523 (PSA with Carollo Engineers, Inc.
Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023
Carollo will request a meeting with RWQCB staff (see Task 1.2) in advance of the April 28, 2023, Board meeting to discuss CDO provisions and related requirement due dates. Carollo will work with the RWQCB on CDO modifications in an effort to protect the City’s best interest with the adopted CDO.
Task 2.2 Attendance at RWQCB Board Meeting
It is assumed that Carollo will attend the RWQCB Board Meeting on April 28, 2023, requiring two (2) hours of two (2) team members’ time (each) to join via teleconference and requiring six (6) hours of one (1) team members’ time to attend in-person. Carollo will prepare informational slides, as necessary, and will address the Board regarding any items that remain on the list for negotiation following the Task 2.1 discussion with the RWQCB and the City.
Task 3 – Report of Waste Discharge
Carollo will prepare a Report of Waste Discharge (ROWD) technical report package for submittal to the RWQCB in accordance with the adopted CDO requirements. It is assumed the adopted CDO requirements will remain the same as the tentative CDO requirements, which include submittal of:
Signed Form 200.
A technical report and proposed time schedule for implementing short-term measures to bring the WWTF back into compliance with the WDRs. The technical report will include a time schedule for completing necessary repairs and improvements to Pond 3 by no later than two years from the date of adoption of the CDO. The technical report will include detailed design plans, an engineering analysis of existing effluent flows, current WWTF storage and disposal capacities, a determination of how much land application area (LAA) acreage is needed to comply with the WWTF’s existing and currently permitted flows, and a time schedule not to exceed two years to obtain the necessary LAA acreage to ensure compliance with the existing WDRs. The technical report will also describe the City’s progress towards securing funding necessary to complete the Pond 3 repairs and improvements and an anticipated date for receiving the funding. A technical report and proposed time schedule for upgrading the WWTF to provide for treatment and disposal of wastes in the long-term. The technical report will include a description of the proposed treatment system to be used, proposed disinfection system (if applicable), and a detailed time schedule for completing tasks associated with the planning, design, and construction phases for upgrading the WWTF. The technical report will also describe plans for securing funding necessary for completing the upgrades.
It is assumed the RWQCB will provide a minimum three (3) month extension for the due date for the Report of Waste Discharge (due July XX, 2023, per the tentative CDO).
Carollo will prepare a Draft ROWD for City review and will incorporate City comments into a final version for submittal to the RWQCB.
Task 3 Deliverables:
Draft Report of Waste Discharge.
Final Report of Waste Discharge.
6.D.3
Attachment: Attachment A - Proposal from Carollo Engineers, Inc._Funding and Permit Assistance_042523 (PSA with Carollo Engineers, Inc.
Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023
Task 4 – SWRCB CWSRF Planning Grant Application Support The scope of work provides funding support for the development of a Planning Grant application for the City under the State Water Resources Control Board (SWRCB) Clean Water State Revolving Fund (CWSRF) Small Community Program for a project to bring the WWTF back into compliance with the WDRs . It is assumed that the City qualifies as a severely Disadvantaged Community and falls under the Small Community Program based on the analyses provided regarding the population served and medium household income (MHI). Confirmation of small community status by the SWRCB is assumed in April 2023.
Task 4.1 Small Community Wastewater Planning Grant Application Carollo will prepare a SWRCB Small Community Program, State Revolving Fund (SRF) Planning Grant Application for the City to complete required planning and design required to move the project towards construction to address permit requirements. Carollo will work with the City, City finance and engineering, and others to identify and obtain necessary project information required to complete the SRF Planning Application.
Carollo will develop a draft Planning Grant Application, including Applicant Information, Project Information, Project Service Area Demographics, Regulatory Information, Water Management and Water Rights Requirements, and Technical Attachments working with the City. Carollo will also compile City-provided financial information for the Planning Grant Application. This financial information includes, but is not limited to, financial statements, cash flow information, service management/operating and joint powers agreements, tax data, and certifications/resolutions. The City will facilitate City Council approval of the required Authorizing Resolution and coordinate required signatures. Carollo will develop the draft and final Planning Grant Application package for City review and, as requested, will submit the final packages to the SWRCB Division of Financial Assistance Financial Assistance Application Submittal Tool (FAAST) portal and notify the State of such submittal.
Carollo will support the City with discussions with the SWRCB regarding the application submittal as well as engage with the State on grant opportunities. Carollo will promptly address SWRCB review questions to keep the SRF Package review on track and will coordinate and communicate with the State during the package review process. Carollo will assist the City with final execution of the funding agreement.
Task 4.2 SRF Plan of Study
Carollo will develop a Plan of Study per CWSRF guidelines as required to support the Planning Grant Application.
The Plan of Study will include an executive summary/overview, system information (including general overview, collection system, system map, treatment facilities, and project area), Project Information (including project scope/details, scope of work to be completed with funding, budget and schedule) and a summary of deliverables including timelines. Carollo will develop a draft Plan of Study for City review and will incorporate City comments into the final Plan of Study.
Task 4 Deliverables:
Draft CWSRF Planning Grant Application.
Final CWSRF Planning Grant Application.
Draft Plan of Study.
6.D.3
Attachment: Attachment A - Proposal from Carollo Engineers, Inc._Funding and Permit Assistance_042523 (PSA with Carollo Engineers, Inc.
Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023
Final Plan of Study.
Schedule
A schedule will be developed upon Notice To Proceed (NTP) for the City to review.
Compensation
Carollo’s compensation for the proposed basic services will not exceed one hundred thirty-seven thousand four hundred dollars ($137,400), as summarized below, without prior authorization from the City. These costs are developed in the attached Exhibit A, utilizing Carollo’s current Fee Schedule.
Table 1 Basic Services Tasks
Description Fee
Task 1 – Project Management and Meetings $13,600
Task 2 – Assistance with Cease and Desist
Order Adoption
$16,300
Task 3 – Report of Waste Discharge $80,900
Task 4 – SWRCB CWSRF Planning Grant
Application Support
$26,600
Assumptions
The following assumptions were made in the preparation of this Scope of Services:
Meetings will be conducted by phone/video conference. All submittals via electronic media (pdf, email). Reproduction (printing) of deliverables is not included. No subsurface utility exploration (potholing), geotechnical investigation, or site survey will be required for development of detailed design plans for Pond 3 repair. City will provide financial information and background information for Carollo to apply for the planning grant.
Exclusions
This scope has the following project exclusions:
Construction of Pond 3 repairs and identified WWTF upgrades. Construction of Pond 3 repairs and identified WWTF upgrades, including preparation of the final construction report, are not included in the current scope of work. Carollo will work with the City in scoping this effort upon request. Design and construction of identified WWTF upgrades. Design and construction of identified WWTF upgrades are not included in the current scope of work. Carollo will work with the City in scoping this effort upon request.
6.D.3
Attachment: Attachment A - Proposal from Carollo Engineers, Inc._Funding and Permit Assistance_042523 (PSA with Carollo Engineers, Inc.
Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023
Our team appreciates the opportunity to serve the City. Please do not hesitate to contact us with any questions or concerns you may have regarding this proposal to assist your team.
Sincerely,
CAROLLO ENGINEERS, INC.
Ryan Sellman, PE
Project Manager
Enclosure: Exhibit A (Labor Hour and Cost Proposal)
6.D.3
Attachment: Attachment A - Proposal from Carollo Engineers, Inc._Funding and Permit Assistance_042523 (PSA with Carollo Engineers, Inc.
SUBCONSULTANTS TOTAL
Description VP (SP) PM (PP) P CAD WP (C) TOTAL TOTAL Mileage PECE TASK
CAROLLO
HOURS
CAROLLO
LABOR Miles $0.625 Printing 14.00 $ TOTAL
Task Labor Cost ($/Hr) $322.00 $276.00 $234.00 $180.00 $119.00 COSTS per mile per hour ODCs COSTS Task 1 - Project Management and Meetings
1.1 Project Management 2 8 0 0 0 10 2,852 $ - $ 0 -$ - $ 140 $ 140 $ 3,000 $
1.2 Meetings 12 12 12 0 0 36 9,984 $ - $ 220 138 $ - $ 504 $ 642 $ 10,600 $ Task 1.0 Total 14 20 12 0 0 46 12,836 $ - $ 220 138 $ - $ 644 $ 782 $ 13,600 $ Task 2 - Assistance with Cease and Desist Order Adoption
2.1 Background Review and RWQCB Board Meeting Preparation 8 16 24 0 0 48 12,608 $ - $ 0 -$ - $ 672 $ 672 $ 13,300 $
2.2 Attendance at RWQCB Board Meeting 2 6 2 0 0 10 2,768 $ - $ 220 138 $ - $ 140 $ 278 $ 3,000 $ Task 2.0 Total 10 22 26 0 0 58 15,376 $ - $ 220 138 $ - $ 812 $ 950 $ 16,300 $ Task 3 - Report of Waste Discharge 12 60 200 40 16 328 76,328 $ - $ 0 -$ - $ 4,592 $ 4,592 $ 80,900 $ Task 3.0 Total 12 60 200 40 16 328 76,328 $ - $ 0 -$ - $ 4,592 $ 4,592 $ 80,900 $ Task 4 - SWRCB CWSRF Planning Grant Application Support
4.1 Small Community Wastewater Planning Grant Application 4 30 24 0 4 62 15,660 $ - $ 0 -$ - $ 868 $ 868 $ 16,500 $
4.2 SRF Plan of Study 4 8 24 0 4 40 9,588 $ - $ 0 -$ - $ 560 $ 560 $ 10,100 $ Task 4.0 Total 8 38 48 0 8 102 25,248 $ - $ 0 -$ - $ 1,428 $ 1,428 $ 26,600 $ TOTALS 44 140 286 40 24 534 129,788 $ - $ 440 275 $ - $ 7,476 $ 7,751 $ 137,400 $
EXHIBIT A
City of Arvin
Professional Engineering Services for Funding and Permitting Assistance
LABOR HOUR AND COST PROPOSAL
CAROLLO LABOR EXPENSES
6.D.3
Attachment: Attachment A - Proposal from Carollo Engineers, Inc._Funding and Permit City of Arvin - General Fund Revenue Analysis
Fiscal Year 2022-23 as of 3/31/23. % of year = 75
Report updated 04/11/23. dollars in thousands ($000)
Category Budget YTD FY 23 Budget %
Administrative Cost Recovery 320 240 75.0%
Business License etc. 47 50 106.4%
Franchise Fees 484 378 78.1%
Planning Department Fees 411 438 106.6%
Police Department Fees 34 44 129.4%
Property Tax Fees 300 227 75.7%
Rental of Facilities 63 62 98.4%
Sales Tax - General 1,050 814 77.5%
Sales Tax - Measure L 2,100 1,550 73.8%
*Vehicle License Fees (VLF)/taxes 2,355 1,197 50.8%
Cannabis Taxes 700 240 34.3%
Miscellaneous and One-Time Revenue - 30 NB
Total General Fund Revenue 7,864 5,270 67.0%
* - The second VLF installment will be received in April Prepared by Jeff Jones City of Arvin Finance Department 4/13/2023
8.A.1
Attachment: 3.23 (Monthly Financial Report - March 2023) City of Arvin - General Fund Expense Analysis
Fiscal Year 2022-23 as of 3/31/23. % of year = 75
Report updated 04/13/23. dollars in thousands ($000)
Category Budget YTD FY 23 Budget %
Salaries and Benefits 5,300 3,924 74.0%
Kern County Fire Contract 694 521 75.1%
General City Expenses 380 378 99.5%
Professional Service Contracts 363 247 68.0%
Maintenance 205 275 134.1%
Legal 245 138 56.3%
Information Technology 304 227 74.7%
Utilities 245 225 91.8%
Miscellaneous 172 58 33.7%
Total General Fund Expenses 7,908 5,993 75.8%
Prepared by Jeff Jones City of Arvin Finance Department 4/13/2023
8.A.1
Attachment: 3.23 (Monthly Financial Report - March 2023)